No. 18-5740
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights due-process relief separation-of-powers standing statutory-interpretation takings
Latest Conference:
2018-09-24
Question Presented (from Petition)
Whether U.S.S.G. Amendment (790), a retroactive amendment to the United States Sentencing Guidelines, calls into serious question the Seventh Circuit Court of Appeals' previous findings in petitioner's direct appeal at published opinion U.S v. Mark Clark 309 Fed. Appx. 60, 2009 U.S. App. Lexis 2688 (7th cir. 2009), and whether petitioner is entitled to relief through a writ of mandamus or prohibition as the only available remedy when such amendment cannot be raised in 18 U.S.C. § 3582(c) proceedings or 28 U.S.C. § 2255 proceedings.
Question Presented (AI Summary)
Whether the lower court erred in its interpretation of the relevant statute
Docket Entries
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-04-10
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)
Attorneys
Mark Clark
Mark Clark — Petitioner
united states
Noel J. Francisco — Solicitor General, Respondent